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STATE OF RHODE ISLAND, COUNTY OF NEWPORT

The Town Council of the Town of Tiverton, County and State aforesaid held a Regular Council Meeting on Monday, January 9, 2023 at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE TO THE FLAG

Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.

3. ROLL CALL

Present
President Denise M. deMedeiros John G. Edwards V Deborah G. Janick
Jay P. Edwards Dennis J. Milbourne

Absent
Vice President Michael S. Burk Joseph C. Perry

Solicitor Marcello, Administrator Cotta, Clerk Chabot, and Deputy Clerk Veegh were also present.

Tiverton Power, LLC - Presentation of Civic Contribution

Mr. Ryan McMurray, General Manager of Tiverton Power, LLC, presented the Town Council with a check of $100,000 as a civic contribution to the town. He expressed gratitude for the partnership with the town as well as the support from the Fire and Police departments. Council President deMedeiros thanked Mr. McMurray and Tiverton Power, LLC for the contribution.

BUSINESS BROUGHT BEFORE THE COUNCIL

Council President deMedeiros read the items on the Consent Agenda.

4. CONSENT AGENDA

All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.

A. Approval of Town Council Minutes
1. December 14, 2022 – Regular Meeting
2. December 14, 2022 – Executive Session

B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Historic Preservation Advisory Board (1)

     2. Personnel Board – (1)
     3. Recreation Commission (1)
     4. Economic Development Commission – (2)

C. Acknowledge Receipt of Reports

1. Town Administrator – Departments’ Monthly Reports – December 2022

2. Police and Fire Department Overtime Reports – December 2022

3. Treasurer Saurette – November 2022 Budget and Revenue Reports

D. Acknowledge Receipt of Correspondence

1. Coastal Resources Management Council – Public notice for Proposed Rule-making and Public

Hearing regarding the proposed Ocean State Adaptation and Resilience Fund

E. Approval of REVISED Town Council 2023 Meeting Calendar

Councilor Edwards V removed items 4-C-3 and E from the Consent Agenda.

Councilor Edwards V motioned to approve Consent Agenda items except 4-C-3 and E. Seconded by Councilor Janick, the motion passed unanimously.

Re: 4-C-3, noting no budget line item for the recycling center construction, Councilor Edwards V asked what had been allocated or already spent. Administrator Cotta responded there was no budget item, as funds had been appropriated from casino gaming and Industrial Park infrastructure funds at approximately $750,000 in total.

For item E, Councilor Edwards V requested the February 27, 2023 meeting be moved as he was unable to attend.

Councilor Edwards V motioned to move the February 27, 2023 meeting to March 6, 2023. Seconded by Councilor Milbourne, the motion failed, 3-2, with Councilors deMedeiros, Edwards and Janick opposed.

Councilor Edwards V motioned to approve REVISED Town Council 2023 Meeting Calendar. Seconded by Councilor Janick, the motion passed unanimously.

Councilor Edwards V motioned to approve Consent Agenda items 4-C-3 and E. Seconded by Councilor Janick, the motion passed unanimously.

5. PUBLIC PRESENTATION

1. Josianne Araujo, Hague, Sahady & Co. P.C. – Presentation of Audit Report 6/30/2022

As hard-copy audit books were not yet available, the item was tabled until the next meeting.

Councilor Edwards V motioned to table the item until the next meeting on January 23, 2023. Seconded by Councilor Janick, the motion passed unanimously.

6. PUBLIC COMMENTS REGARDING A COUNCIL AGENDA ITEM OR OTHER TOWN BUSINESS

A. Comments received - Alex Buffman letter re: Short Term Rentals

It was agreed to add Mr. Buffman’s letter to the February 13, 2023 meeting which includes an STR discussion.

B. Economic Development Commission Chair Renee Jones - Referencing the $30,000.00 Business Park feasibility grant award, Ms. Jones suggested the formation of a subcommittee to continue further exploration of business park development, especially in light of the recent Northpoint development withdrawal.

7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes

                A. Vyana, Inc. dba Tiverton Liquors, 65 Main Road – Requests approval of the transfer of Class A Liquor
                     license from Chandni, Inc. to Vyana, Inc. dba Tiverton Liquors, subject to meeting all legal
                     requirements

Solicitor Marcello noted a letter from Sinapi Law representing Mancini Beverage alleging that the prior licensee was in debt to Mancini Beverage in the amount around $27,000. He stated the Town would require proof of payment prior to the license transfer.

Council President deMedeiros opened the public hearing. No one presented to speak and the public hearing was closed.

Councilor Edwards V motioned to approve the transfer of the Class A Liquor license from Chandni, Inc. to Vyana, Inc. dba Tiverton Liquors, subject to meeting all legal requirements, including discharging any indebtedness as required under state law. Seconded by Councilor Janick, the motion passed unanimously.

8. BOARD OF LICENSING – Discussion and possible votes

A. Vyana, Inc. dba Tiverton Liquors, 65 Main Road – Requests approval of tobacco dealer license,
subject to meeting all legal requirements

Councilor Edwards V motioned to approve a tobacco dealer license for Vyana, Inc. dba Tiverton Liquors, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.

9. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes

A. Acknowledgement of resignation:

1. Christine Francis from Economic Development Commission and Newport and Bristol County

Convention and Visitors' Bureau effective 3/31/2023

Councilor Edwards V motioned to accept the resignation of Christine Francis from Economic Development Commission and Newport and Bristol County Convention and Visitors' Bureau with regret and thanks. Seconded by Councilor Janick, the motion passed unanimously.

10. GENERAL BUSINESS

A. Councilor President deMedeiros – Assignment of Town Councilor Liaisons for Boards and Commission

The following changes were made to the current Board and Commission Liaison list.

Housing Authority: Councilor deMedeiros joined. Economic Development Committee, Landfill/Recycling, Newport County Chamber of Commerce: Councilor Edwards V joined. Police Pension Board: Councilor deMedeiros withdrew and Councilor Edwards V joined.

Councilor Edwards motioned to approve the revised Liaisons for Boards and Commission. Seconded by Councilor Edwards V, the motion passed unanimously.

B. Police Chief Jones – Discussion and possible vote to approve the purchase of police body armor for
$26,142.98 from Angel Armor

Chief Jones noted he had not intended the item to be addressed at this meeting. It was agreed to hold until the special meeting on casino gaming revenue on January 19, 2023.

Councilor Edwards V motioned to table the item until the January 19, 2023, special meeting. Seconded by Councilor Edwards, the motion passed unanimously.

C. Fire Chief Bailey - Discussion and possible vote to acceptance of National Highway Transportation

Safety Grant (NHTSA) Grant for $47,375.00 for Jaws of Life and stabilization equipment

Councilor Edwards V motioned to accept the NHTSA Grant for $47,375.00 for Jaws of Life and stabilization equipment. Seconded by Councilor Janick, the motion passed unanimously.

                D. Town Administrator/Police Chief – Request approval to apply for appropriate grants authorized as
                     earmark funding for dispatch area submitted by Senator Whitehouse, Senator Reed and Congressman
                     Cicilline

Councilor Edwards V motioned to grant approval for the Chief to apply to the appropriate grants as authorized by the earmark funding for dispatch submitted by Senator Whitehouse, Senator Reed and Congressman Cicilline. Seconded by Councilor Edwards, the motion passed unanimously.

Councilor Edwards V motioned to move items G, H, I, J, and K forward. Seconded by Councilor Janick, the motion passed unanimously.

G. Administrator Cotta – Discussion and possible vote to award contract for Surplus Equipment to Excel
Recycling, LLC

Councilor Edwards V motioned to award the contract for Surplus Equipment to Excel Recycling, LLC as the low bidder in the amount of $1,050.00. Seconded by Councilor Edwards, the motion passed unanimously.

H. DPW Director Rogers – Discussion and possible vote to approve budget transfers:

1. $56,022.80 from Acct 5530-5101 Landfill Workers to Acct 5540-5101 DPW Workers

2. $1,104.86 from Acct 5530-5104 Overtime to Acct 5540-5104 Overtime

3. $4,900.00 from Acct 5530-5150 Sick Leave Buy Back to Acct 5140-5150 Sick Leave Buy Back

4. $479.18 from Acct 5530-6240 Uniform Rental to Acct 5540-6240 Uniform Rental

5. $726.60 from Acct 5530-7611 Fuel & Oil to Acct 5540-7611 Fuel & Oil

Councilor Edwards V motioned to approve budget transfers as listed. Seconded by Councilor Edwards, the motion passed unanimously.

                I. Council President deMedeiros – Scheduling of Special Council meeting regarding allocation of Casino
                      gaming and APRA funds from January 17, 2023, to January 19, 2023

Due to scheduling problems, President deMedeiros requested the meeting date change, noting the School Committee was fine with the new date.

Councilor Edwards motioned to reschedule the Special Council meeting regarding the allocation of Casino
gaming and APRA funds to January 19, 2023, at 7 PM. Seconded by Councilor Janick, the motion passed unanimously.

                J. Town Administrator - Request approval of annual contract adjustment for Tax Assessor David Robert
                    for the period 12-11-2021 to 12-10-2022 (retroactive) and an adjusted increase for current period 12-
                    11-22 to 12-10-23

Councilor Edwards motioned to table item J. until after executive session. Seconded by Councilor Janick, the motion passed unanimously.

K. Town Administrator – Discussion and possible vote to ratify three year contract for John
Charbonneau for vacant Planner position

No discussion as candidate has withdrawn his application.

                E. Recreation Commission – Request approval of special event permit (waiving fee) for the
                     ‘Trunk or Treat’ event at Ranger School on Saturday, October 28, 2023, from 4 pm – 8:30 pm with a
                      rain date of Sunday, October 29, 2023

Councilor Janick questioned feedback over traffic backups that occurred at last year’s event. Mr. Gilfillen acknowledged this and affirmed he had connected with the athletic director about overlap and would also work with police to potentially reroute or expand the footprint to improve traffic flow.

Councilor Edwards V motioned to approve special event permit (waiving fee) for the ‘Trunk or Treat’ event at Ranger School on Saturday, October 28, 2023 from 4pm – 8:30 pm with a rain date of Sunday, October 29, 2023. Seconded by Councilor Janick, the motion passed unanimously.

F. Recreation Commission - Discussion and possible vote to approve funds to advertise 2023 Beach
Fees proposal for public hearing

Councilor Edwards V motioned to approve funds to advertise for 2023 Beach Fees and schedule public hearing for next agenda. Seconded by Councilor Edwards, the motion passed unanimously.

11. ANNOUNCEMENTS

A. Municipal Court – Beginning February 2023, hearings will be held on the SECOND & FOURTH

MONDAY of the Month starting at 5:00 p.m.

Council President deMedeiros read the above change to the Municipal Court schedule.

Council President deMedeiros reminded everyone that the Initial Joint Budget meeting will be on Thursday, January 12, 2023, at 7:30 PM at the Tiverton High School Library.

12. EXECUTIVE SESSION

A. Town Administrator – RIGL 42-46-5(a)(1) – Personnel - Job Performance/Annual Evaluation for Tax
Assessor David Robert – Notice given

B. Town Administrator - RIGL 42-45-5(a)(1) – Personnel – Prospective candidate evaluation of
employment history, character and fitness regarding Planner vacancy – Notice given

C. Town Solicitor – RIGL 42-46-5(a)(2) - General update on all pending litigation

Councilor Edwards V motioned to enter Executive Session for agenda items 12-A and 12-C. Councilor Edwards seconded the motion. The motion passed unanimously.

Council entered closed executive session at approximately 7:51 p.m.

Council returned to open session at approximately 8:39 p.m.

Councilor Edwards V motioned to seal the minutes of the Executive Session. Councilor Edwards seconded the motion. The motion passed unanimously.

Solicitor Marcello reported that for item 12A discussion only, no votes taken, and for item 12C general review of litigation only, no votes taken

Councilor Edwards V motioned to approve the annual contract adjustment for Tax Assessor Robert retroactively for 12-11-2021 to 12-10-2022 and the adjusted increase for the current period 12-11-2022 to 12-10-2023. Seconded by Councilor Janick, the motion passed unanimously.

13. ADJOURNMENT

Councilor Edwards V motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 8:41 p.m.

A True Copy.

ATTEST______________________________________

Joan B. Chabot, Town Clerk